Attorney General Rayfield joined a coalition of 15 attorneys general in issuing guidance » to help K-12 schools, colleges and universities understand the legality, viability and importance of diversity, equity, inclusion and accessibility policies and practices in education.
The guidance comes in response to concerns following a Trump administration executive order and the U.S. Department of Education’s “Dear Colleague” letter and FAQ document targeting diversity, equity, inclusion and accessibility policies and programming in schools. The coalition’s guidance reminds educational entities that efforts to seek and support diverse, equitable, inclusive and accessible educational experiences for students are legal, and that longstanding legal precedents supporting these programs cannot be changed by an executive order or a letter from the Department of Education.
“Making sure diversity, equity, and inclusion are protected in education is about giving every student a fair chance to succeed,” Rayfield said. “When efforts are made to roll back DEIA programs, it’s not just about policy – it’s about denying students the support they need to thrive.”
Opponents to diversity initiatives have sought to improperly expand the U.S. Supreme Court’s narrow ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA) far beyond its scope. Today’s multistate guidance updates guidance issued by the Commonwealth of Massachusetts after the 2023 ruling. It clarifies that the recent executive order and communications from the Department of Education do not change the law with respect to higher education admissions, and they do not and cannot prohibit or restrict universities from pursuing and implementing diversity, equity, inclusion and accessibility efforts. The updated guidance also includes tips to help K-12 schools set their students up for success.
In their guidance, the attorneys general emphasize that institutions of higher education can continue to create missions and set goals related to student body diversity and equitable outcomes for students and can use all legal methods to pursue them.
The attorneys general clarify that while SFFA limited the ability of institutions of higher education to consider an applicant’s race in and of itself as a positive factor for admission, schools can still work to diversify their applicant pools and student bodies through recruitment efforts. The guidance notes that institutions do not have to ignore race when identifying prospective students for outreach and recruitment programs, provided such programs do not give students preference based on racial status, and that all students have the same opportunity to apply and compete for admission. Schools can continue to target outreach to potential applicants based on a wide range of characteristics, such as academic interests, geographic residency, financial means and socioeconomic status, family background and parental education level.
The guidance also encourages K-12 schools to strive for a school climate where all students feel safe, supported, respected and ready to learn. School leaders can do this by reviewing their current practices to ensure that their district complies with anti-discrimination, anti-bullying and civil rights laws, and by adopting programs and policies that incorporate best practices and meet the needs of their communities. In addition, the attorneys general identify steps schools can take to ensure that all students, including those from historically underrepresented backgrounds, are prepared for college or careers.
Joining Attorney General Rayfield in this coalition are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Nevada, Rhode Island and Vermont